Post Tagged with: "lawful access"

Cabinet Minister Mandate Letters for The Digital Era

Appeared in the Toronto Star on May 29, 2011 as What Harper’s Ministers Should be Doing Digitally With the new Parliamentary session set to kick off later this week, new cabinet members are busy brushing up on the myriad of issues they will face in the coming months. The appointment […]

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June 2, 2011 Comments are Disabled Columns Archive

Search Engine on Lawful Access

Search Engine examines the problems with lawful access in this week’s episode, which features an interview with Micheal Vonn of the BCCLA.

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May 25, 2011 2 comments News

Web Surveillance Legislation Requires Study, Not Speed

With the new Parliamentary session scheduled to kick off within the next few weeks, two major initiatives will dominate the initial legislative agenda: passing a budget and introducing an omnibus crime bill that contains at least 11 crime-related bills. My weekly technology law column (Toronto Star version, homepage version) notes the prioritization of the crime legislation is consistent with the Conservative election platform, which included a commitment to bundle all the outstanding crime and justice bills into a single omnibus bill and to pass it within the new Parliament’s first 100 days.

The Conservatives argue that the omnibus approach is needed since the opposition parties “obstructed” passage of their crime and justice reforms during successive minority governments. Yet included within the crime bill package is likely to be legislation creating new surveillance requirements and police powers that has never received extensive debate on the floor of the House of Commons and never been the subject of committee hearings.

The package is benignly nicknamed “lawful access,” but isn’t benign. If the Conservatives move forward with their complete lawful access package, it would feature a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers.

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May 20, 2011 32 comments Columns

Web Surveillance Legislation Requires Study, Not Speed

Appeared in the Toronto Star on May, 15, 2011 as Web Surveillance Legislation Requires Study, Not Speed With the new Parliamentary session scheduled to kick off within the next few weeks, two major initiatives will dominate the initial legislative agenda: passing a budget and introducing an omnibus crime bill that […]

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May 17, 2011 Comments are Disabled Columns Archive

The Lawful Access Legislation: Does it Really Criminalize Linking & Anonymity?

The government’s plans to include lawful access provisions within its omnibus crime bill has attracted mounting attention in recent days as many commentators express concern that the legislation could create criminal liability for linking to content that incites hatred and for using anonymous or false names online. The concerns started at the Free Dominion site and have since spread to Brian Lilley at the Toronto Sun and Jesse Brown’s blog at Maclean’s

As I have argued for a long time, there are many reasons to be concerned with lawful access. The government has never provided adequate evidence on the need for it, it has never been subject to committee review, it would mandate disclosure of some personal information without court oversight, it would establish a massive ISP regulatory process (including employee background checks), it would install broad new surveillance technologies, and it would cost millions (without a sense of who actually pays). Given these problems, it is not surprising to find that every privacy commissioner in Canada has signed a joint letter expressing their concerns.

Yet while lawful access raises many issues (such that it clearly does not belong in an omnibus bill placed on the fast track), I do not believe that creating criminal liability for linking or anonymous speech are among them.

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May 11, 2011 26 comments News